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11/15/2006 Regular 277 MIUTES OF THl!: MONROE COUNTY BOARD' OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, November 15,2006 Key Largo, Florida A Regular Meeting of the Monroe County Board of County Commissioners convened at 9:00 A.M., at the Harvey Government Center. Present and answering to roll call wew Commissioner George R. Neugent, Commissioner Glenn Patton, Commissioner Dixie M Spehar, Commissioner Mario DiGennaro and Mayor Charles "Sonny" McCoy. Commissioner Sylvia Murphy was sworn in to replace Commissioner Glenn Patton Also present were Suzanne Hutton, County Attorney; Thomas Willi, County Administrator; Isabel DeSantis, Deputy Clerk, County Staff, members of the press and radio; and the general public. All stood for the Invocation and Pledge of Allegiance. F'RESENTATION TO MAYOR AND COMMISSIONER PATTON Mayor McCoy and Commissioner Patton were presented with accolades for their service on the Board. Comments were made by fellow commissioners. CALL TO ORDER OF 2007 BOARD OF COUNTY COMMISSIONERS C I Judge Reagan Ptomey administered the Oath of Office to District 2 Commissioner George Neugent. C2 Judge Reagan Ptomey administered the Oath of Office to newly elected District 5 Commissioner Sylvia Murphy. C3 Judge Reagan Ptomey administered the Oath of Office to newly elected District 4 Commissioner Mario DiGennaro. C4 Motion was made by Commissioner Spehar nominating Commissioner Mario DiGennaro as Mayor. Motion was made by Commissioner Neugent to close nominations. Motion was made by Mayor McCoy and seconded by Commissioner DiGenna.ro nominating Commissioner Spehar as Mayor Pro Tem. Motion carried unanimously. C5 Motion was made by Commissioner McCoy and seconded by Commissioner Spehar to adopt the following Resolution electing the Mayor (Mario DiGennaro) and Mayor Pro Tem (Dixie Spehar) for the Board of County Commissioners for 2006-2007. Roll call vote was unanimous 278 RESOLUTION NO. 519-2006 Said Resolution is incorporated herein by reference. C6 Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Resolution authorizing the Mayor and Clerk ofthe Board to sign alii warrants, legal documents and any other necessary papers and documents stating that the presently authorized signatures validating County checks are hereby continued for sixty days from this date in order to meet payroll and other necessary obligations Motion carried unanimously. RESOLUTION NO. 519A-2006 Said Resolution is incorporated herein by reference. MISCELLANEOUS Newly elected State Representative Ron Saunders made a presentation before the Board concerning issues he intends to bring before the Governor and Cabinet. ADDITIONS, CORRECTIONS, DELETIONS D Motion was made by Commissioner McCoy and seconded by Commissioner Spehar granting approval of Additions, Corrections, and Deletions to the Agenda. Motion (:arried unanimous. Kay Thacker addressed the Board concerning the following two (2) Agenda items: Public Hearing for approval and adoption of Amendment to 2010 Comprehensive Plan Policy 101.4.21 clarifying maximum densities for density bonuses for affordable, employee and workforce housing units of750 sq. f1. or less in size in the mixed use/commercial and residential high future land use categories for specified districts within those categories, using the expedited adoption proceeding provided in the Community Workforce Housing Innovation Pilot Program ("CWHIP") for specific parcels or grouping of parcels. A Public Hearing for approval and adoption of Amendment to 2010 Comprehensive Plan Policy 101.4.24 modifying height limitations for structures constituting affordable, employee and workforce housing units for four (4) identified parcels or groupings of parcels in the mixed use/commercial and residential high future land use categories, using the expedited adoption proceeding provided in the Community Workforce Housing Innovation Pilot Program ("CWHIP"). Suzanne Hutton, County Attorney addressed the Board. 279 PRESENTATION OF AWARDS E 1 A Performance Excellence Signing Ceremony was held to celebrate and proclaim the commitment to Monroe County's Mission, Vision and Values. E2 Presentation of Employee of the Month Award for May, 2006, was presented to Daniel Fonte, Administrator, Buildings and Parks & Beaches E3 Presentation of Employee of the Month Award for September, 2006, was presented to David Renshaw, Lead Mechanic, Fleet Management Department, Public Works Division. E4 Presentation of Mayor's Proclamation observing the month of December as Children's Memorial month. COUNTY ADMINISTRATOR S3 A Presentation was made by Chip Merriam, representing the South Florida Water Management District on the "Status of the blue-green algae bloom in Florida Bay". The following individuals addressed the Board: Mike Collins, Member of the SFWMD Governing Board; Ron Miller, and Debbie Harrison, representing the World Wildlife Fund. BULK APPROVALS Motion was made by Commissioner Spehar and seconded by Commissioner McCoy granting approval of the following items by unanimous consent: Fl Board granted approval to pay the Marathon Electric Sign & Light invoice, in the amount of$21,495.00, for the Wind Cone project at the Key West International Airport. F2 Board granted approval of Republic Parking System operating budget for the period of November 1, 2006, through October 31, 2007, for Parking Lot Management at the Key West International Airport. F3 Board granted approval and authorized execution of Amendment No. 1 to Grant Agreem(mt between Monroe County and the Federal Aviation Administration for project No. 3-12-0037-028-2006, to change the terminal project description - Replace "Construct Terminall Building (PH 2 bond Repayment)," with "Construct Terminal Building (PH 2 Construction)" . F 4 Board granted approval of changes to the Monroe County Personnel Policies and Procedures Manual as recommended by the Policies and Procedures Board. F5 Board granted approval to pay Royal Plus Disaster Kleenup the amount of $24,196.71 to complete mold remediation at the Marathon Airport. 280 F7 Board granted approval to advertise the following Request for Proposals (RFP's): I) Contract - Self Insured Group Health Program Third Party Administrator for claims administration; 2) Contract - Utilization Review and Large Case Management Administration; 3) Contract - Pharmacy Benefits Manager; 4) Contract - Employee Assistanl~e Program; 5) Insurance Policy - Group Life Insurance; 6) Insurance Policy - Voluntary Vision and Dental Coverage; 7) Insurance Policy - Voluntary (additional) Life Insurance and Dependent Life Insurance. F8 Board granted approval of and authorized execution of an Amendment to Business Associate Contract between the County Acordia National concerning the HIPP A security regulation. F9 Board granted approval to award bid and execute a Standard Form of Agreement between Monroe County and Charley Toppino & Sons for the Big Pine Key Park Retaining Wall Removal and Basin Filling, MM 31 and the Intersection of Sands Road and Atlantis Drive. FIO Board adopted the following Resolution requesting surplus Real Property from the Florida Department of Transportation for the purpose of constructing a Public Library on Stock Island. RESOLUTION NO. 519B-2006 Said Resolution is incorporated herein by reference. FII Board granted approval of Receipt of monthly report on Change Orders reviewed by the County Administrator's Office. There were 8 Change Orders considered by the County Administrator for the period beginning October I, 2006, and ending October 31, 2006, totaling $143,096.28. F 13 Board granted approval to award and execute a Contract for Professional Services between Monroe County and William P. Horn, P.A. for professional services for the renovation and addition of the Stock Island Fire Station. FI4 Board granted approval to issue a Purchase Order to MBilk2m, not to exceed $30,000 for services related to the Letter of Map Revision (LOMR) Project, Sugarloaf Key. FI5 Board granted approval and authorized execution of Amendment #0001 to the Community Care for Disabled Adults (CCDA) Contract #KG058 between the Department of Children & Families and the Monroe County Board of County Commissioners (Social Services/In-Home Services Program). FI6 Board granted approval of Amendment 003 to Older American's Act Contract AA-629 2006 between the Alliance for Aging of Dade and Monroe Counties and the Monroe County Board of County Commissioners (Social Services/Nutrition Program). 281 FI7 Board granted approval of Amendment 002 of the Nutrition Services Incentive Program Contract US-651, October 1,2005 - September 30,2006 Nutrition Services Incentivl~ Program (NSIP) (formerly USDA) Rate Agreement, between the Alliance for Aging of Dade and Monroe Counties and the Monroe County Board of County Commissioners (Social ServicesINutrition Program) F 18 Board granted approval for the' County Administrator to sign an amendment( s) to Older American's Act (OAA) Contract AA-629 2006 between the Alliance for Aging of Dade and Monroe Counties and the Monroe County BOCC and to obligate 10% match up to a maximum of $5,000 to accept one-time funding that may be available to provide additional services for the elderly during the contract period ending 12/31/06. Once fully executed, the amendment will be submitted to the BOCC for ratification at a regularly scheduled meeting. FI9 Board granted approval of Amendment 001 to 2006-2007 Nutrition Services Incentive Program (NSIP) (formerly USDA) Rate Agreement, Contract #US- 751 between the Alliance for Aging of Dade and Monroe Counties and the Monroe County Board of County Commissioners (Social ServicesINutrition Program). F20 Board granted approval to issue a PO for ten percent (10%) of the total purchase price to acquire one transit bus. The 10% is required to secure the vehicle Federal grant awarded to Monroe County by the State of Florida Department of Transportation. The 5310 Grant requires using FDOT FVPP-03-SC-I Florida Vehicle Procurement Program. F21 Board granted approval of a Memorandum of Understanding between Monroe County and the University of Florida for the purpose of the terms under which the University of Florida and Monroe County will provide the local Extension office personnd and logistical support in providing educational, technical, and research information to Monroe County residents and businesses. F22 Board rescinded the award of Public Works surplus items # 28 and # 29 approved at the 9/20/06 meeting, and granted approval to award Public Works surplus items # 28 and # 29 per the Revised Bid Opening Recap of 8/22/06. F23 Board rescinded the purchase of one (1) new 80 KW Generator from Millenium Products, Inc., approved at the September 20,2006 BOCC meeting and granted approval to purchase same from Power Pro-Tech Services, Inc., in the total amount of$28,150.00. F24 Board granted approval and authorized execution of a Contract Renewal between Monroe County and Mowrey Elevator Services, Inc., for complete elevator service and maintenance for all Monroe County Elevators. F25 Board granted approval and authorized execution of a Contract Extension between Monroe County and Synagro Southeast, Inc. on a month-to-month basis for the operation and maintenance of the sewage treatment plant at the Plantation Key Government Complex. 282 F26 Board granted approval of payment to Jerry Coleman, P.L., for professional legal services rendered regarding Workforce Housing and other Monroe County issues, in the amount of$28,450.00. F27 Board adopted the following various resolutions for the Transfer of Funds, Receipt of Unanticipated Revenue, Amending, and Rescinding: Resolution amending Resolution No. 195-2006 (OMB Schedule Item No. I). RESOLUTION NO. 520-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.2). RESOLUTION NO. 521-2006 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No.3). RESOLUTION NO. 522-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.4). RESOLUTION NO. 523-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No 5). RESOLUTION NO. 524-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.6). RESOLUTION NO. 525-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No.7). RESOLUTION NO. 526-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.8). RESOLUTION NO. 527-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No.9). RESOLUTION NO. 528-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 10). RESOLUTION NO. 529-2006 Said Resolution is incorporated herein by reference. Resolution to rescind Resolution No. 365-2006 (OMB Schedule Item No. 11). RESOLUTION NO. 530-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 12). RESOLUTION NO. 531-2006 Said Resolution is incorporated herein by reference Resolution to rescind Resolution No. 225-2006 (OMB Schedule Item No. 13). RESOLUTION NO. 532-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No 14). RESOLUTION NO. 533-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 15). RESOLUTION NO. 534-2006 Said Resolution is incorporated herein by reference Transfer of Funds (OMB Schedule Item No. 16) RESOLUTION NO. 535-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 17). RESOLUTION NO. 536-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 18). RESOLUTION NO. 537-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 19). RESOLUTION NO. 538-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 20). RESOLUTION NO. 539-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 21). RESOLUTION NO. 540-2006 Said Resolution is incorporated herein by reference 283 Transfer of Funds (OMB Schedule Item No. 22). RESOLUTION NO. 541-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 23). RESOLUTION NO. 542-2006 Said Resolution is incorporated herein by reference Transfer of Funds (OMB Schedule Item No. 24) RESOLUTION NO. 543-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 25). RESOLUTION NO. 544-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No 26). RESOLUTION NO. 545-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 27). RESOLUTION NO. 546-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 28). RESOLUTION NO. 547-2006 Said Resolution is incorporated herein by reference. Resolution Amending Resolution No. 478-2006 (OMB Schedule Item No. 29). RESOLUTION NO. 548-2006 Said Resolution is incorporated herein by reference. Resolution Amending Resolution No. 479-2006 (OMB Schedule Item No. 30). RESOLUTION NO. 549-2006 Said Resolution is incorporated herein by reference. Resolution Amending Resolution No. 480-2006 (OMB Schedule Item No. 31). RESOLUTION NO. 550-2006 Said Resolution is incorporated herein by reference. Resolution Amending Resolution No. 482-2006 (OMB Schedule Item No. 32). RESOLUTION NO. 551-2006 Said Resolution is incorporated herein by reference. Resolution to Rescind Resolution No. 376-2006 (OMB Schedule Item No. 33). RESOLUTION NO. 552-2006 284 Said Resolution is incorporated herein by reference. Amending Resolution No. 501-2006 (Schedule Item No. 34). RESOLUTION NO. 553-2006 Said Resolution is incorporated herein by reference. Amending Resolution No. 503-2006 (OMB Schedule Item No. 35). RESOLUTION NO. 554-2006 Said Resolution is incorporated herein by reference Rescind Resolution No. 377-2006 (OMB Schedule Item No. 36). RESOLUTION NO. 555-2006 Rescind Resolution No. 378-2006 (OMB Schedule Item No. 37). RESOLUTION NO. 556-2006 Amending Resolution No. 511-2006 (OMB Schedule Item No. 38). RESOLUTION NO. 557-2006 Said Resolution is incorporated herein by reference. Amending Resolution No. 485-2006 (OMB Schedule Item No. 39). RESOLUTION NO. 558-2006 Said Resolution is incorporated herein by reference. Amending Resolution No. 486-2006 (OMB Schedule Item No. 40). RESOLUTION NO. 559-2006 Said Resolution is incorporated herein by reference Amending Resolution No. 491-2006 (OMB Schedule Item No. 41). RESOLUTION NO. 560-2006 Said Resolution is incorporated herein by reference. Amending Resolution No. 492-2006 (OMB Schedule Item No. 42). RESOLUTION NO. 561-2006 Said Resolution is incorporated herein by reference. Amending Resolution No. 493-2006 (OMB Schedule Item No. 43). RESOLUTION NO. 562-2006 Said Resolution is incorporated herein by reference. Amending Resolution No. 494-2006 (OMB Schedule Item No 44). RESOLUTION NO. 563-2006 Said Resolution is incorporated herein by reference. Amending Resolution No. 495-2006 (OMB Schedule Item No. 45). RESOLUTION NO. 564-2006 285 Said Resolution is incorporated herein by reference. Amending Resolution No 496-2006 (OMB Schedule Item No. 46). RESOLUTION NO. 565-2006 Said Resolution is incorporated herein by reference. Amending Resolution No. 497-2006 (OMB Schedule Item No. 47). RESOLUTION NO. 566-2006 Said Resolution is incorporated herein by reference. Amending Resolution No. 498-2006 (OMB Schedule Item No. 48). RESOLUTION NO. 567-2006 Said Resolution is incorporated herein by reference. Amending Resolution No. 196-2006 (OMB Schedule Item No. 49). RESOLUTION NO. 568-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 50). RESOLUTION NO. 569-2006 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item No. 51). RESOLUTION NO. 570-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 52). RESOLUTION NO. 571-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 53). RESOLUTION NO. 572-2006 Said Resolution is incorporated herein by reference Amending Resolution No. 359-2006 (OMB Schedule Item No. 54). RESOLUTION NO. 573-2006 Said Resolution is incorporated herein by reference Amending Resolution No. 360-2006 (OMB Schedule Item No. 55). RESOLUTION NO. 574-2006 Said Resolution is incorporated herein by reference Amending Resolution No. 361-2006 (OMB Schedule Item No. 56). RESOLUTION NO. 575-2006 Said Resolution is incorporated herein by reference. 286 Amending Resolution No. 362-2006 (OMB Schedule Item No. 57). RESOLUTION NO. 576-2006 Said Resolution is incorporated herein by reference. Amending Resolution No. 363-2006 (OMB Schedule Item No 58). RESOLUTION NO. 577-2006 Said Resolution is incorporated herein by reference. Amending Resolution No. 364-2006 (OMB Schedule Item No 59). RESOLUTION NO. 578-2006 Said Resolution is incorporated herein by reference. Amending Resolution No. 366-2006 (OMB Schedule Item No. 60). RESOLUTION NO. 579-2006 Said Resolution is incorporated herein by reference Amending Resolution No. 367-2006 (OMB Schedule Item No. 61). RESOLUTION NO. 580-2006 Said Resolution is incorporated herein by reference. Amending Resolution No. 368-2006 (OMB Schedule Item No 62). RESOLUTION NO. 581-2006 Said Resolution is incorporated herein by reference. Amending Resolution No. 369-2006 (OMB Schedule Item No. 63). RESOLUTION NO. 582-2006 Said Resolution is incorporated herein by reference. Amending Resolution No. 370-2006 (OMB Schedule Item No. 64). RESOLUTION NO. 583-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule No. 65). RESOLUTION NO. 584-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule No. 66). RESOLUTION NO. 585-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 67). RESOLUTION NO. 586-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 68). RESOLUTION NO. 587-2006 287 288 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 69). RESOLUTION NO. 588-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 70). RESOLUTION NO. 589-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 71). RESOLUTION NO. 590-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 72). RESOLUTION NO. 591-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No 73. RESOLUTION NO. 592-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 74. RESOLUTION NO. 593-2006 Said Resolution is incorporated he3rein by reference Transfer of Funds (OMB Schedule Item No. 75). RESOLUTION NO. 594-2006 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 76). RESOLUTION NO. 595-2006 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 77). RESOLUTION NO. 596-2006 Said Resolution is incorporated herein by reference. F30 Board granted approval to request that $42,428.60 in Florida Healthy Kids excess local match funds from the 2005-2006 state fiscal year be refunded to Monroe County, and authorized the County Administrator to complete and sign the document, "Refund Acknowledgement and Response Options", indicating our request for refund F31 Board granted approval of a General Fund Transfer for the Sheriff: to transfer funds for FY 06 between functional distributions in accordance with F.S. chapter 30.49 (2) (a). 289 F32 Board adopted the following Resolution to amend Bond Resolution # 238B-2006 Adopted on June 21,2006. This resolution authorized the County to issue the Monroe County, JFIorida Airport Variable Rate Revenue Bonds (Key West International Airport), Series 2006 (the "Series 2006 Bonds"). RESOLUTION NO. 597-2006 Said Resolution is incorporated herein by reference. F34 Board granted approval and authorized execution of an Extension and Amendment Number 1 to the Agreement between Monroe County and Professional Emergency Services, Inc. (Dr. Schwemmer) to provide medical direction to Fire and Emergency Medical Services extending the term through September 30,2007, amending Section 2 clarifying the type of ambulance covered, defining and identifying service segments and rate of compensation, changing the effective date of the payment increases to coincide with the beginning of the Fiscal Year, clarifying rules on vehicle usage, and adding Section 15 to incorporate medical director coverage for an added service, Air Ambulance. F35 Board granted approval and authorized execution of a Business Lease between Monroe County and Ships Way, Inc., to continue occupying office space for Commissioner George Neugent on Big Pine Key. F36 Board granted approval to apply for "State Grant-In-Aid Assistance" for Historic Preservation projects and execute if awarded. The purpose is to fund for work at the Old Tavernier School. F37 Board granted approval and authorized execution of Addendum 1 to the Collectively Bargained Agreement - Unit One to add Exhibit C, Firefighter I Paramedic Repayml~nt Agreement per paragraph 16.4.3 of said Agreement between the Professional Firefighters of Monroe County, IAFF, Local 3909 and Monroe County Board of County Commissioners (MCBOCC) approved by the Board on December 21,2005. TOURIST DEVELOPMENT COUNCIL G 1 Board granted approval and authorized execution of a TurnKey Events Agreemlmt between Monroe County and the Conch Republic Offshore Power Boat Racing Association, Inc. covering the Key West World Championship Race on November 4-11,2007 in an amount not to exceed $95,000, DAC I, FY 2007 Event Resources. G2 Board granted approval and authorized execution of a Destination Events Agreemlmt between Monroe County and the Lower Keys Chamber of Commerce, Inc. covering the 3rd Annual Big Pine Key Winterfest on December 9, 2007 in an amount not to exceed $6,000, DAC II, FY 2007 Event Resources. 290 G3 Boar granted approval and authorized execution of an Amendment to Agreement between Monroe County and the Key Largo Chamber of Commerce revising the dates of Island Jubilee to November 11-12,2006. G4 Board granted approval and authorized execution of a TurnKey Events Agreeme:nt between Monroe County and the Middle Keys Events Council, Inc. covering the Pro Wakeboard Tour National Championship on October 26-28, 2007 in an amount not to exceed $65,000, DAC III, FY 2007 Event Resources. G5 Board granted approval and authorized execution of an Agreement between Monroe County and Take Chances At The Helm, Inc. covering the lOth Annual Hobie Wave Nationals on November 30-December 2,2007 in an amount not to exceed $10,000, DAC IV, FY 2007 Event resources. G6 Board granted approval and authorized execution of an Addendum to Agreement between Monroe County and The Florida Keys Community College and letters "FKCC" to amend Exhibit A and compensation. G7 Board granted approval and authorized execution of a Destination Events Agreemlmt between Monroe County and the Key West Business Guild, Inc. covering Womenfest 2007 in an amount not to exceed $25,000, DAC I, FY 2007 Event Resources. G8 Board granted approval and authorized execution of a Grant Award Agreement between Monroe County and the Key West Players, Inc. for the Waterfront Playhouse Lobby Restoration/renovation project in an amount not to exceed $153,216, DAC I, FY 2007, Capital Resources. G9 Board granted approval and authorized execution of a Destination Events Agreement between Monroe County and the Miami Swordfish Tournament L.L.C covering the Islamorada Swordfish Tournament on August 24-26, 2007 in an amount not to exceed $26,000, DAC IV, FY 2007 Event Resources. G 1 0 Board granted approval and authorized execution of a Grant Award Agreement between Monroe County and The Studios of Key West, Inc. covering the Studios of Key West for the Old City Hall in an amount not to exceed $27,850, DAC I, FY 2007 Capital Resoumes. G 11 Board granted approval and authorized execution of a Grant Award Agreement between Monroe County and Key West Botanical Garden Society, Inc. for the Creation of a Nationally Acclaimed Aviary Eco- Tourism Attraction Phase II project in an amount not to exceed $380,000, DAC I, FY 2007 Capital Project Resources. G 12 Board granted approval and authorized execution of a Grant Award Agreement between Monroe County and The Studios of Key West, Inc. covering the Studios of Key West at the Armory project in an amount not to exceed $234,147, DAC I, FY 2007 Capital Resources. 291 DVISION OF GROWTH MANAGEMENT K3 Board granted approval and authorized execution of a Contract between Monroe County and DC707LLC (dba Mangrove Marina) to provide land based pump-out services for the Key Largo pump-out boat. K4 Board granted approval and authorized execution of Amendment 1 to the Agreemf:nt between Monroe County and DRC, LLC to remove hurricane related marine debris. K6 Board granted approval and authorized execution of a 3-Party Contract between Monroe County, the Otak Group, Inc. and the State of Florida Department of Environmental Protection, Office of Greenways and Trails to perform construction services for completion of fishing platforms on an existing bridge on that portion of the Florida Keys Overseas Heritage Trail in the area know as Tom's Harbor Cut located at Mile Marker 61.7. MONROE COUNTY SHERIFF DEPARTMENT 01 Board granted approval of the following expenditures from the Law Enforcement Trust Fund: $1,000.00 Coral Shores Varsity Track Team, to help with camp expenses, equipment, and uniform replacement. $4,159.00 Florida Sheriff s Association, to help fund the Child ID Program. COMMISSIONERS' ITEMS Q 1 Board granted approval of Commissioner McCoy's appointment of Jackie Harder to the South Florida Workforce Investment Board. Q2 Board granted approval of the naming of the Child Witness Waiting Room after Judge R. Payne, for his over 30 years of service to the people of Monroe County. "The Richard G. Payne Child Witness Waiting Room". Q4 Board granted approval of Commissioner Neugent's reappointment of Susan D' Antonio to the Art in Public Places Committee as the District 2 representative to expire Novembl~r 1, 2010. Q6 Board granted approval of Mayor DiGennaro's reappointment of Nancy Perez Miller to the Art in Public Places Committee as the District 4 representative, to expire Novembl:r 1, 2010. 292 Q7 Board granted approval of Mayor DiGennaro's appointment ofMr. Lynn Mapes to the HUlman Services Advisory Board as the District 4 representative. Q8 Board granted approval of the appointment of Commissioner Patton's Murphv's item for the reappointment of Jerry Wilkinson to replace Sylvia 1. Murphy and Nelson Lazo to replace Robert Luse on the Upper Keys Health Care Taxing District. QIO Board granted approval of the Public Official Bond for Commissioner Mario DiGennaro for the term of November 15, 2006 through November 15, 20 I O. COUNTY CLERK R2 Board granted official approval ofthe BOCC minutes from the Special Meeting ofSepternber 6,2006 and Special MeetinglBudget Hearing of September 13, 2006. R3 Board granted approval of the following Warrants (101294 & 101551 & 508909- 509986): General Fund (001), in the amount of$2,740.61276; Fine & Forfeiture Fund (101), in the amount of$3,811,916.14; Road and Bridge Fund (102), in the amount of $94,296.12; TDC District Two Penny (115), in the amount of$179,349.15; TDC Admin..& Promo 2 Cent (116), in the amount of$245,361.22; TDC District 1,3 Cent (117), in the amount of $20, 142.66; TDC District 2,3 Cent (118), in the amount of $6,816.28; TDC District 3, 3 Cent (119), in the amount of$18,587.43; TDC District 4, 3 Cent (1l20), in the amount of$3,539.56; TDC District 5, 3 Cent (121), in the amount of$4,II1.87; Gov. Fund Type Grants (125), in the amount of$468,032.91; Impact Fees Roadways (130), in the amount of$182,619.63; Impact Fees Fire & EMS (135) in the amount of, $6,785.41; Fire & Amb Dist 1 L&M Keys (141), in the amount of $223,024.71; Upper Keys Health Care (144), in the amount of$879.92; Fire & Amb Dist 6 K1ey Largo (146), in the amount of$130,863.56; Uninc Svc Dist Parks & Rec (147), in the amount of$10,882.43; Plan, Build, Zoning (148), in the amount of $118,527.05; Municipal Policing (149), in the amount of$500,931.45; 911 Enhance:ment Fee (150), in the amount of$II,043.77; Duck Key Security (152), in the amount of$4,005.05; Local Housing Assistance (153), in the amount of$126,899.53; Boating Improvement Fund (157), in the amount of$9,225.00; Misc. Special Revenue Fund (158), in the amount of$93,965.52; Environmental Restoration (160), in the amount of$639.24; Marathon Municipal Service (166), in the amount of$1.74; Bay Point Wutewater MSTU, in the amount of 0.14; Key Largo Wastewater MSTU (170), in the amount of$7.65; 1 CentInfra Surtax (304), in the amount of$109,968.79; 2003 Revenue Bonds (307), in the amount of$I,195,011.77; Card Sound Bridge (401), in the amount of$2,810.22; Marathon Airport (403), in the amount of $24,699.48; Key West IntI. Airport (404), in the amount of$809,689.86; KW AlP Series 2006 Bonds (405), in the amount of$5,625.94; MSD Solid Waste (414), in the amount of $1,123,038.05; Worker's Compensation (501), in the amount of$93,833.65; Group Insurame Fund (502), in the amount of$257,301.51; Risk Management Fund (503), in the amount of$194,266.84; Fleet Management Fund (504), in the amount of $119,627.26; Fire&EMS LOSAP Trust Fund (610), in the amount of$4,779.61. 293 R4 Board granted approval of the Tourist Development Council Expenditures for the month of October, 2006, as follows: Advertising, in the amount of$6,306.20; Bricks & Mortar Projects, in the amount of $17,748.22; Visitor Information Services, in the amount of$49,499.98; Events, in the amount of$36,839.97; Office Supplies, in the amount of$31,347.03; Personal Services, in the amount of$93,91O.98; Public Relations, in the amount of$84,423.33; Sales & Marketing, in the amount of$128,450.29; Telephone & Utilities, in the amount of $8,62249; Travel, in the amount of$24,43434 R5 Board granted approval to advertise surplus equipment for bid and approval to remove surplus equipment from inventory via disposal and salvage. COUNTY ATTORNEY T2 Board adopted the following Resolution authorizing the acceptance of real property located at 936 Crane Boulevard on SugarloafKey from the Monroe County Comprehensive Plan Land Authority for affordable housing. RESOLUTION NO. 598-2006 Said Resolution is incorporated herein by reference. T6 Board adopted the following Resolution amending Resolution No. 386-2006 to correct a scrivener's error which omitted the fee for the three-year county license alternative for cats that are not spayed/neutered, specifically 2.E.(2)(b). RESOLUTION NO. 599-2006 Said Resolution is incorporated herein by reference. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS F6 Motion was made by Commissioner Spehar and seconded by Commissioner Neugent granting approval and authorizing execution of an Extension of Insurance Consulting Agreement between Monroe County and Interisk Corporation to provide Risk Management, Employee Benefits and Workers Compensation consulting services. Motion carried unanimously. F 12 The Board discussed the approval to award bid and enter into a contract with AFCO, Constructors, Inc. for the construction of the Murray E. Nelson Government and Cultural Center. Tom Willi, County Administrator; Dave Koppel, County Engineer; and Suzanne Hutton, County Attorney addressed the Board. The following public speakers addressed the Board: Jim Saunders and Glenn Patton. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Neugent granting approval of the award of bid and authorizing execution ofa Standard Form of Agreement between Monroe County and AFCO Constructors, Inc., for the construction of the 294 Murray E. Nelson Government and Cultural Center. Roll call vote was taken with the following results: Commissioner McCoy Yes Commissioner Murphy No Commissioner Neugent Yes Commissioner Spehar Yes Mayor DiGennaro Yes Motion carried. F28 Sal Zappulla, Budget & Finance Division Director addressed the Board. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Neugent granting approval of the award of bid and authorizing execution of a Contract between Monroe County and Keys Security Inc., for an amount not to exceed $60,000.00 per year at the rate of$16.00 per hour for Security Patrols and Services in the Duck Key Security District. Motion carried unanimously. F29 George Born, Executive Director ofthe Historic Florida Keys Foundation addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded. by Commissioner McCoy granting approval to apply for a State Grant-in-Aid Assistance for Historic Preservation Projects. The purpose is to fund a detailed survey of historic buildings in the Tavernier Historic District, to be published and made available to the public. Motion carried unanimously. F33 Mr. Zappulla and Ms. Hutton addressed the Board. After discussion, motion was made by Commissioner Murphy and seconded by Commissioner Spehar granting approval to amend the adopted Fiscal Year 2007 Capital Plan funding allocations for the One Cent Infrastructure Sales Tax (Fund 304) and adoption of a resolution for the transfer of funds. After further discussion, the maker of the motion withdrew with the second accepting. Motion was then made by Commissioner Neugent and seconded by Commissioner Murphy to continue this item to later in the day. Motion carried unanimously. F39 Mr. Koppel addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval to waive bid irregularities associated with the procurement of survey work and auger cast piles for the Key West International Airport. Motion carried unanimously. F40 The Board discussed approval to amend and add language to the Health Plan Document and to attach the Retiree Resolution to the Amendment as Exhibit A to allow retirees to waive the County's group health insurance benefits. Mr. Willi addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Murphy to delay any action on this item until written notification is sent to all retiret:s and employees. Motion carried unanimously. 295 STAFF REPORTS Community Services - Debbie Barsell, Community Services Director discussed the following Performance Excellence measures for adherence to the values embraced by the County and Staff: CREATIVITY - a celebration was held for the 40th Anniversary of the Islamorada Library; CONCERN - Employer Worker Training Program funded by the South Florida Work Force Investment Board; COMMUNICATION - Human Services Advisory Board Task Force has met and will present their final recommendations to the BOCC on April 18, 2006, CONTINUITY - Customer Service. Employee Services - Teresa Aguiar, Employee Services Director discussed the following items: Open emollment of the County's Group Insurance Program is currently available; The County's newly printed Acordia Health insurance cards will be disseminated to all employees and retirees; Coordination efforts are underway with the South Florida Work Force Investment Board for available grant money to provide computer and supervisory training to supervisors in the County and the City of Key West; and, The annual Medicare Part "B" subsidiary application has been completed. Ajroorts - Peter Horton, Airports Director discussed air service and the Transportation Security Administration (TSA) for the Florida Keys Marathon Airport. Growth Management - Ty Symroski, Growth Management Director discussed the following items: Code Enforcement activities; Derelict vessel removal by the Marine Resourcf:S Division; Tier Map adoption hearings; Expansion of the Plantation Key Building Department into the Spottswood Building; and, the Lower Keys Permitting Office is continuing with their move to Cudjoe Key. Engineering - Dave Koppel, County Engineer discussed the following projects: Bids were received for the Card Sound Road Bridge project; Status of the Bid for the Murray Nelson Government & Cultural Center; Status of the construction ofthe Key Largo Fire Station; Big Pine Key Park contract approved earlier today; Status of the construction of the Medical Examiner's Building on Crawl Key; and, Status of the construction at the Key West International Airport construction by Morganti. Budget & Finance - Sa! Zappulla, Budget & Finance Division Director discussed the following items: A Homeland Security audit was performed concerning hurricane debris removal; TRIM Compliance was met; The new Purchasing Cards were received and willlbe disseminated; Status of the Growth Management Director's request concerning the separating of building revenue from building expenditures; and, Details of Monroe County's Bond Counsel concerning the Key West International Airport - AlP Grant. Technical Services - Mickey Baker, Technical Services Director discussed the following items: Status of the library wireless project; An e-mail archive program is now available; Status of the network remediation project for the senior centers; and, Status of the web (:asting project. 296 GROWTH MANAGEMENT K5 The Board discussed a Resolution requesting the Florida Department of TranspOItation not to sell the right-of-way adjacent to u.s. I at approximately mile marker 102.9, Bayside, located at the southwest corner of George Street. The following individuals addressed the Board: Burke Cannon, representing the Island of Key Largo Federation of Homeowner's Association; and Philip Jackson. After discussion, motion was made by Spehar and seconded by Commissioner Murphy granting approval, per Staff's n:commendation, that the Florida Department of Transportation not declare the right-of-way property surplus nor to sell same. Motion carried unanimously. RESOLUTION NO. 600-2006 Said Resolution is incorporated herein by reference. L I The Board discussed the site evaluation of the Latin American Cafe' . The following individuals addressed the Board: Matilde Aguirre, representing the Latin American Cafe, and Howard Gelbman. George Garrett, Marine Resources Director also addressed the Board. After discussion, motion was made by Commissioner McCoy and seconded by Commissioner Spehar to table the item. Motion carried unanimously. MISCELLANEOUS BULK APPROVALS F33 The Board returned to the discussion concerning the approval to amend the adopted :Fiscal Year 2007 Capital Plan funding allocations for One Cent Infrastructure Sales Tax (Fund 304) and adoption of the following Resolution for the Transfer of Funds. Mr. Zappulla addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar approving the item. Motion carried unanimously. RESOLUTION NO. 601-2006 Said Resolution is incorporated herein by reference. ENGINEERING MI Dave Koppel, County Engineer discussed with the Board the Guaranteed Maximum Price for the construction of the McCoy Terminal Complex at the Key West International Airport, with The Morganti Group, Inc. The following individual addressed the Board: Diane Beruldsen. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar to continue with The Morganti Group's Guaranteed Maximum Price (GMP) of$27,913,533. Roll call vote was unanimous. 297 SOUNDING BOARD Nl Jim Hupp addressed the Board concerning a request for an allocation for a building permit for Lot #32, San Remo Drive, Doctors Arm Subdivision, Section B, Big Pine Key, Florida. Mr. Symroski addressed the Board. No official action was taken. WASTEWATER 11 Elizabeth Wood, Senior Administrator - Sewer Projects addressed the Board. After diswssion, motion was made by Commissioner Neugent and seconded by Commissioner Spehar granting approval to advertise a Notice ofIntent for the non-ad valorem assessment program for those properties designated as Tier III in the Duck Key and Big Coppitt Key through Summerland Key sewer service areas, excluding Bay Point. Motion carried unanimously. 12 Ms. Woods presented the Board with an update report on current and proposed wastewater projects. Tom Willi, County Administrator addressed the Board. COMMISSIONERS' ITEMS Q3 Commissioner McCoy discussed his item concerning the approval of a 380 Agreement that will redevelop the King's Pointe site and the development of60 units of affordable housing at the Lazy Lake RV Park. Suzanne Hutton, County Attorney addressed the Board. Motion was made by Commissioner Spehar and seconded by Commissioner Murphy to table the item. Motion carried unanimously. Q9 Commissioner Spehar discussed her item concerning support for a potential Constitutional or Legislative Amendment that would address how commercial and recreational working waterfront real property is valued and taxed. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent approving the item. Roll call vote was unanimous. . Q5 Commissioner Neugent discussed his item concerning a request by the County Commission to be provided by Artificial Reefs of the Keys, a written monthly update on the progress of the fund raising and disposition of the project "The Sinking of the Vandenberg". After discussion, motion was made by Commissioner Neugent and seconded by Commissioner McCoy that once Artificial Reefs of the Keys propose their request to the Tourist Development Council, and becomes a "Project", they are to provide a written update to the BOCC on a bi-annual basis. Motion carried unanimously. COUNTY ADMINISTRATOR S 1 Nlr. Willi discussed the following items: The county was successful in obtaining $600,000 from the South Florida Workforce Investment Board for employee training; The Key Largo Wastewater Treatment District has agreed to meet every three (3) months with the Administrator and Staff when the BOCC meets in Key Largo (prior to the 298 meeting); An upcoming meeting is scheduled with the Florida Keys Aqueduct to discuss the county's progress on wastewater issues in the Lower Keys; Clark Martin, Fire Chief submitted his written resignation effective, November 17,2006; Division reports are now being e-rnailed to the BOCC; The Trauma Star begins service tomorrow, November 16, 2006; A request by Commissioner Spehar concerning a review of Carroll Consulting by Gordon West of the Concerned Citizen's of the Lower Keys to perform an evaluation of Carroll Consulting, will be scheduled in the near future. PUBLIC HEARINGS VI A Public Hearing was held to consider the adoption of a Resolution approving the Proposed Beneficial Vse Determination of Special Master John J. Wolfe In Re: Geneva Sutton Beneficial V se Application, and requesting the Monroe County Land Authority to make a purchase order. Attorney Tyson Smith, representing Monroe County addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 602-2006 Said Resolution is incorporated herein by reference. Public Hearings were held concerning the following two (2) items: V2 Consideration of the adoption of a Resolution renouncing and disclaiming any right of the County and the public in and to a portion of East First Street, being part of Mandalay Subdivision located in Section 6, Township 62 South, Range 39 East, Monroe County, !Florida, of the Public Records of Monroe County, Florida (Key Largo) and approval of the correlating Reverter Agreement, Public Access Easement, and Maintenance Agreement to be attached and made part of the Resolution. V3 Consideration of the adoption of a Resolution adoption of a Resolution renouncing and disclaiming any right of the County and the public in and to a portion of East Second Street, being part of Manda lay Subdivision located in Section 6, Township 62 South, Range 39 East, Monroe County, Florida, of the Public Records of Monroe County, Florida (Key Largo) and approval of the correlating Reverter Agreement, Public Access Easement, and Maintenance Agreement to be attached and made part of the Resolution. The Board accepted public input with the following individuals addressing the Board: Attorney Tim Thomes, representing Ocean Sunrise Estates; Alex Popparus, representing Earthmore Companies; Fred Nickerson, Bonnie Landry, Attorney Andrew Tobin, representing Rock Harbor Marina; and Sam Stoia. Suzanne Hutton, County Attorney and Ty Symroski, Growth Management Director addressed the Board. After discussion, motion was made by Commissioner Neugent and seconded by Commissioner McCoy to return this matter to Staff for further review and correction. After considera.tion, the maker of the motion withdrew. After further discussion, motion was 299 made by Commissioner Neugent and seconded by Commissioner Spehar to adopt the following two (2) Resolutions. Roll call vote was taken with the following results: Commissioner McCoy Yes Commissioner Murphy No Commissioner Neugent Yes Commissioner Spehar Yes Mayor DiGennaro Yes Motion carried. RESOLUTION NO. 603-2006 RESOLUTION NO. 604-2006 Said Resolutions are incorporated herein by reference. U4 A Public Hearing was held to consider a Resolution approving the request for Administrative Relief made by Chaouki & Ana Bassil on the property described as Block 14, Lot 27, Key Largo Ocean Shores Addn. Key Largo, Real Estate Number 00500930.0000000. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 605-2006 Said Resolution is incorporated herein by reference. U5 A Public Hearing was held to consider a Resolution approving the request for Administrative Relief made by Conchita Rivero on the property described as Block 7, Lot 13, Largo Gardens, Key Largo, Real Estate Number 00456770.000000. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 606-2006 Said Resolution is incorporated herein by reference. U6 A Public Hearing was held to consider a Resolution approving the request for Administrative Relief for Gregory Pardo on the property described as Block 5, Lot 4, Largo Sound Park, Key Largo, Real Estate Number 00471090.000000. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Murphy to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 607-2006 Said Resolution is incorporated herein by reference U7 A Public Hearing was held to consider a Resolution approving the request for Administrative Relief for Lee Knepper on the property described as Block 10, Lot 12, Key Largo Beach Addition, Key Largo, Real Estate Number 00503020.000000. There 300 was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Murphy to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 608-2006 Said Resolution is incorporated herein by reference. U8 A Public Hearing was held to consider a Resolution approving the request for Administrative Relieffor Dean Parkinson on the property described as Block 10, Lots 1 & 2, Bowens Addition, Riviera Village, Key Largo, Real Estate Numbers 00512580.000000 & 00512580.00100. There was no public input. Motion was made by Commissioner Neugent and seconded by Commissioner Murphy to adopt the following Resolution. Motion carried unanimously. RESOLUTION NO. 609-2006 Said Resolution is incorporated herein by reference. Motion was made by Commissioner Spehar and seconded by Commissioner Murphy to table indefinitely the following two (2) items: U9 Public Hearing for Approval and Adoption of Amendment to 2010 Comprehensive Plan Policy 101.4.21 clarifying maximum densities for density bonuses for affordable, employee and workforce housing units of750 sq. ft. or less in size in the mixed use/commercial and residential high future land use categories for specified districts within those categories, using the expedited adoption proceeding provided in the Community Workforce Housing Innovation Pilot Program ("CWHIP") for specific parcels or grouping of parcels. (Only One Hearing Required) (By 5-0 Motion on October 18th continued to the November 15th regular BOCC meeting in Key Largo. U10 Public Hearing for Approval and Adoption of Amendment to 2010 Comprehensive Plan Policy 101.4.24 modifying height limitations for structures constituting affordable, employee and workforce housing units for four (4) identified parcels or groupings of parcels in the mixed use/commercial and residential high future land use ,categories, using the expedited adoption proceeding provided in the Community Workforce Housing Innovation Pilot Program ("CWHIP"). (Only One Hearing Required) (By 5-0 Motion on October 18th continued to the November 15th regular BOCC meeting in Key Largo. Roll call vote was unanimous. COUNTY ADMINISTRATOR S2 Motion was made by Commissioner Spehar and seconded by Commissioner McCoy approving the BOCC dates for 2007 during the third week of the month. Motion carried unanimously. 301 S4 Mr. Willi addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner Neugent to table the discussion of actuarial findings regarding amendment to Health Plan Document to add language and allow employees to waive the County's group health insurance benefits. Motion carried unanimously. S5 Mr. Willi addressed the Board concerning the authorization to conclude the purchase of the Hickory House property; acknowledging completion and acceptance of due dilig,ence as required by the purchase contract. The following speakers addressed the Board: Diane Beruldsen and Howard Gelbman. After discussion, motion was made by Commissioner Spehar and seconded by Commissioner McCoy to accept the new negotiated price of $3 .125 million dollars. Roll call vote was taken with the following results: Commissioner McCoy Yes Commissioner Murphy No Commissioner Neugent No Commissioner Spehar Yes Mayor DiGennaro Yes Motion carried. COUNTY ATTORNEY TI Suzanne Hutton, County Attorney reported to the Board concerning the 3,d DCA issuing an opinion affirming the State Administrative Law judges ruling and Rule Challenge by Florida Keys Citizen's Coalition and Last Stand on the Administrative Rule of2004. Ms. Hutton requested that a Closed Session be held on the matter of Florida Keys Citizen's Coalition and Last Stand v. the Florida Department of Community Affairs and Monroe County, DOAR Case Number 06-2449GM. The Board agreed to hold a Closed Session on the matter on December 20,2006 at 8:30 A.M. at the Marathon Government Center. T4 Ms. Hutton addressed the Board. Motion was made by Commissioner Spehar and seconded by Commissioner Murphy to delete from the agenda the request from John and Ruth Discher to release the affordable housing deed restriction on their property located at Lot 32, Block 10, Cudjoe Ocean Shores, Section 2. Motion carried unanimously. PUBLIC HEARINGS VI A Public Hearing was held concerning an annual update of the 5-Year Schedule of Capital Improvements as found in the Monroe County Year 2010 Comprehensive Plan. There was no public input. Dave Koppel, County Engineer addressed the Board. After discussion, motion was made by Commissioner Spehar and seconded by 302 Commissioner Neugent to adopt the following Ordinance amending Table 4.1 Five-Year Schedule of Capital Improvements; Providing for the repeal of all Ordinances inconsistent herewith; and directing the Director of Planning and Environmental Resourc~'s to forward a certified copy of this Ordinance to the Florida Department of Community Affairs; and providing an effective date. Motion carried unanimously. ORDINANCE NO. 038-2006 Said Ordinance is incorporated herein by reference. V2 A Public Hearing was held to consider an Ordinance creating a new Section 9.5- 491.1 Proportionate Fair-Share Mitigation of Development Impacts on Transportation Facilities; Providing for Severability; Providing for the repeal of all Code Provisions and Ordinances inconsistent with this Ordinance; Providing for inclusion in the Monroe County Code; Providing for the transmittal of this Ordinance to the State Department of Community Mfairs; and providing an effective date upon approval ofthis Ordinance by the State Department of Community Affairs. There was no public input. Motion was made by Commissioner Spehar and seconded by Commissioner Neugent to adopt the following Ordinance. Motion carried unanimous. ORDINANCE NO. 039-2006 Said Ordinance is incorporated herein by reference. V3 A Public Hearing was held to consider an Ordinance amending Section 9.5-120.4 of the Land Development Regulations relating to dwelling unit transfer authorization for development not affected by residential ROGO (Staff is recommending this item be withdrawn from DOCC consideration at this time and remanded to Staff for further review). Motion was made by Commissioner Neugent and seconded by Commissioner Spehar to table the item. Motion carried unanimously. V4 A Public Hearing was held to consider an Ordinance amending Section 9.5-122(c) of the Land Development Regulations providing for fractional ROGO allocations for small atDDrdable housing units. (Staff is recommending this item be withdrawn from DOCC consideration at this time and remanded to Staff for further review). Motion was made by Commissioner Neugent and seconded by Commissioner Murphy to the item. Motion carried unanimously. V5 A Public Hearing was held to consider a Budget Amendment to the Key West International Airport Fund, #404 and adoption of the following Resolution for unanticipated funds to increase the budget for Fund 404. There was no public input. Motion was made by Commissioner McCoy and seconded by Commissioner Spehar to adopt th~, following Resolution. Roll call vote was taken with the following results: Commissioner McCoy Yes Commissioner Murphy Yes Commissioner Neugent No Commissioner Spehar Yes 303 Mayor DiGennaro Yes Motion carried. RESOLUTION NO. 610-2006 Said Resolution is incorporated herein by reference. MISCELLANEOUS Commissioner Neugent discussed putting the County Administrator and all of the Constitutional Officers on notice that this Board will be more frugal during next year's budget discussions. Mr. Willi addressed the Board. There being no further business, the meeting of the Board of County Commissioners was adjourned. Danny L. Kolhage, Clerk and ex-officio Clerk to the Board of County Commissioners Momoe County, Florida MoLJ c.